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NARCOTIC DRUGS ACT 1967 - SECT 15N Failure to include information identified as sensitive law enforcement information in certain statements

NARCOTIC DRUGS ACT 1967 - SECT 15N

Failure to include information identified as sensitive law enforcement information in certain statements

  (1)   This section applies if an application may be made by a person (the applicant ) to the Administrative Appeals Tribunal for review of a decision of the Minister, or an internal reviewer, that relates to a reviewable decision.

  (2)   The applicant is not entitled to make a request for a statement under subsection   28(1) of the Administrative Appeals Tribunal Act 1975 , in relation to the decision, merely because a document or statement referred to in subsection   28(4) of that Act does not include information identified as sensitive law enforcement information under subsection   14LA(1) or (2) of this Act.

  (3)   If, despite subsection   ( 2), the applicant is entitled to make a request under subsection   28(1) of the Administrative Appeals Tribunal 1975 for a statement in relation to the decision:

  (a)   the statement is not required to include information identified as sensitive law enforcement information under subsection   14LA(1) or (2) of this Act; and

  (b)   the applicant is not entitled to be given such information; and

  (c)   merely because the statement does not include such information, the statement is not to be taken to fail to include:

  (i)   adequate particulars of findings on material questions of fact; or

  (ii)   an adequate reference to the evidence or other material on which those findings were based; or

  (iii)   adequate particulars of the reasons for the decision.